Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37493

commercial traffic through the regulated

navigation zone.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under sections 6(a)(3) of

that order. Its has not been reviewed by

the Office of Management and Budget

under that order. It is not significant

under the regulatory policies and

procedures of the Department of

Transportation (DOT) (44 CFR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary because of the

event’s short duration.

To avoid any unnecessary adverse

economic impact on businesses which

use the river for commercial purposes,

Captain of the Port, Louisville,

Kentucky will monitor river conditions

and will ease restrictions in the

regulated area as conditions permit.

Change will be announced by Marine

Safety Information Radio Broadcast

(Broadcast Notice to Mariners) on VHF

marine band radio, channel 22 (157.1

MHZ). Mariners may also call the Port

Management Officer, Captain of the

Port, Louisville, Kentucky at (502) 582–

5194 for current information.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities

because of the event’s short duration.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

action in accordance with the principles

and criteria of Executive Order 12612

and has determined that this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2–1,

paragraph (34)(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation as an

action required to protect public safety.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Temporary Regulations

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C.191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary § 165–T08–038 is

added to read as follows:

§ 100–T08–038 Regulated navigation area:

Ohio River.

(a) Location. The Ohio River between

mile 461.0 and 462.0 is established as a

regulated navigation area.

(b) Regulations. (1) Commercial

vessels transiting the regulated

navigation area shall proceed at

minimum steerage and at the direction

of the Coast Guard officers or petty

officers who will be patrolling the

regulated area on board Coast Guard

vessels.

(2) Recreational vessels within the

area shall not anchor or moor in the

navigable channel.

(3) Depending on on-scene

conditions, the Captain of the Port,

Louisville, Kentucky, upon request, or

for good cause, may authorize deviation

from this section if the Captain of the

Port, Louisville, Kentucky, finds that the

proposed or needed operations can be

performed safely.

(4) The Captain of the Port, Louisville,

Kentucky will notify the maritime

community of river conditions affecting

the area covered by this regulated

navigation area by Marine Safety

Information Radio Broadcast on VHF

Marine Band Radio, Channel 22 (157.1

MHZ).

(c) Effective date: This section will be

effective from 8 p.m. to 11:30 p.m. on

July 24 and 25, 1998.

Dated: June 25, 1998.

Paul J. Fluta,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 98–18557 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NM35–1–7366; FRL–6118–4]

Approval and Promulgation of Air

Quality Implementation Plans; Revised

Format for Materials Being

Incorporated by Reference for New

Mexico and Albuquerque

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; notice of

administrative change.

SUMMARY: The EPA is revising the

format of 40 CFR part 52, subpart GG for

materials submitted by New Mexico and

Albuquerque that are incorporated by

reference (IBR) into the State

Implementation Plans (SIPs). The

regulations affected by this format

change have all been previously

submitted by the respective State agency

and approved by EPA. This format

revision will primarily affect the

‘‘Identification of plan’’ sections of CFR

52.1620, as well as the format of the SIP

materials that will be available for

public inspection at the EPA Region 6

office, the Air and Radiation Docket and

Information Center located in Waterside

Mall, Washington, DC., and the Office of

the Federal Register. The sections of 40

CFR 52.1620 pertaining to provisions

promulgated by EPA or State-submitted

materials not subject to IBR review and

40 CFR 52.1621 through 52.1639 remain

unchanged.

EFFECTIVE DATE: This action is effective

July 13, 1998.

ADDRESSES: SIP materials which are

incorporated by reference into 40 CFR

part 52 are available for inspection at

the following locations:

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite

700, Dallas, Texas 75202–2733;

Office of Air and Radiation, Docket and

Information Center (Air Docket), EPA,

401 M Street, SW, Room M1500,

Washington, DC 20460; and

Office of the Federal Register, 800 North

Capitol Street, NW, Suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L) at the above Region 6 address

or at (214) 665–7354.

SUPPLEMENTARY INFORMATION:

Background

Each State is required by section

110(a)(1) of the Act, to have a SIP that

contains the control measures and

strategies which will be used to attain
37494 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

and maintain the national ambient air

quality standards. The SIP is extensive,

containing such elements as emission

inventories, monitoring network,

attainment demonstrations, and

enforcement mechanisms. The control

measures and strategies must be

formally adopted by each State after the

public has had an opportunity to

comment on them. They are then

submitted to EPA as SIP revisions on

which EPA must formally act.

Once these control measures are

approved by EPA pursuant to 110(k) of

the Act, after notice and comment, they

are incorporated into the SIP and are

identified in part 52 (Approval and

Promulgation of Implementation Plans),

Title 40 of the Code of Federal

Regulations (40 CFR part 52). The actual

State regulations which are approved by

EPA are not reproduced in their entirety

in 40 CFR part 52, but are ‘‘incorporated

by reference,’’ which means that the

citation of a given State regulation with

a specific effective date has been

approved by EPA. This format allows

both EPA and the public to know which

measures are contained in a given SIP

and ensures that the State is enforcing

the regulations. It also allows EPA and

the public to take enforcement action,

should a State not enforce its SIPapproved regulations.

The SIP is an active or changing

document which can be revised by the

State as necessary to address the unique

air pollution problems in the State as

long as changes are not contrary to

federal law. Therefore, EPA, from time

to time, must take action to incorporate

into the SIP, revisions of the state

program which may contain new and/or

revised regulations. Regulations

approved into the SIP are then

incorporated by reference into part 52.

As a result of consultations between

EPA and the Office of Federal Register,

EPA revised the procedures on May 22,

1997 (62 FR 27968), for incorporating by

reference federally-approved SIPs and

began the process of developing

pursuant to 110(h)(1) of the Act: (1) A

revised SIP document for each State that

would be incorporated by reference

under the provisions of 1 CFR part 51;

(2) a revised mechanism for announcing

EPA approval of revisions to an

applicable SIP and updating both the

IBR document and the CFR; and (3) a

revised format of the ‘‘Identification of

plan’’ sections for each applicable

subpart to reflect these revised IBR

procedures. The description of the

revised SIP document, IBR procedures

and ‘‘Identification of plan’’ format are

discussed in further detail in the May

22, 1997, Federal Register document.

Content of Revised IBR Document

The new SIP compilations contain the

federally-approved portion of state

regulations and source specific permits

submitted by each State agency. These

regulations and source-specific permits

have all been approved by EPA through

previous rulemaking actions in the

Federal Register. The SIP compilations

are stored in 3-ring binders and will be

updated primarily on an annual basis. If

no significant changes are made for any

state to the SIP during the year, an

update will not be made during that

year. If significant changes occur during

the year, an update could be done on a

more frequent basis, as applicable.

Typically, only the revised section of

the compilation will be updated.

Complete resubmittals of a state SIP

compilation will be done on an asneeded basis.

Each compilation contains two parts.

Part 1 contains the regulations and Part

2 contains the source-specific permits

that have been approved as part of the

SIP. Each part has a table of contents

identifying each regulation or each

source specific permit. The table of

contents in the compilation corresponds

to the table of contents published in 40

CFR part 52 for these states. The

regional EPA offices have the primary

responsibility for ensuring accuracy and

updating the compilations. The Region

6 EPA Office developed and will

maintain the compilations for New

Mexico and for Albuquerque. A copy of

the full text of the State’s current

compilation will also be maintained at

the Office of Federal Register and EPA’s

Air Docket and Information Center. The

EPA is beginning the phasing in of SIP

compilations for individual states, and

expects to complete the conversion of

the revised ‘‘Identification of plan’’

format and IBR documentation for all

states by May 1999. This revised format

is consistent with the SIP compilation

requirements of section 110(h)(1) of the

Act.

Revised Format of the ‘‘Identification of

Plan’’ Sections in Each Subpart

In order to better serve the public,

EPA is revising the organization of the

‘‘Identification of plan’’ section of 40

CFR section 52.1620. The EPA is

including additional information which

will more clearly identify what

provisions constitute the enforceable

elements of the SIP.

The revised ‘‘Identification of plan’’

section will contain five subsections: (a)

Purpose and scope, (b) Incorporation by

reference, (c) EPA approved regulations,

(d) EPA approved source-specific

permits, and (e) EPA approved

nonregulatory provisions, such as

transportation control measures,

statutory provisions, control strategies,

monitoring networks, etc.

Enforceability and Legal Effect

This change to the procedures for

incorporation by reference announced

today will not alter in any way the

enforceability or legal effect of approved

SIP materials, including both those

approved in the past or to be approved

in the future. As of the effective date of

the final rule approving a SIP revision,

all provisions identified in the Federal

Register document announcing the SIP

approval will be federally enforceable,

both by EPA under section 113 of the

Act and by citizens under section 304 of

the Act, where applicable. All revisions

to the applicable SIP are federally

enforceable as of the effective date of

EPA approval even if they have not yet

been incorporated by reference. To

facilitate enforcement of previously

approved SIP provisions and provide a

smooth transition to the new SIP

processing system, EPA is retaining the

original ‘‘Identification of Plan’’ section,

previously appearing in the CFR as the

first or second section of part 52 for

each State subpart.

Notice of Administrative Change

Today’s action constitutes a

‘‘housekeeping’’ exercise to ensure that

federally approved state plans are

accurately reflected in 40 CFR part 52.

State SIP revisions are controlled by

EPA Regulations at 40 CFR part 51.

When EPA receives a formal SIP

revision request, the Agency must

publish the proposed revision in the

Federal Register and provide for public

comment before approval.

The EPA has determined that today’s

rule falls under the ‘‘Good Cause’’

exemption in section 553(b)(3)(B) of the

Administrative Procedures Act (APA)

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with

public participation and section

553(d)(3) which allows an agency to

make a rule effective immediately

(thereby avoiding the 30-day delayed

effective date otherwise provided for in

the APA). Today’s rule simply codifies

provisions which are already in effect as

a matter of law in Federal and approved

State programs.

Under section 553 of the APA, an

agency may find good cause where

procedures are ‘‘impractical,

unnecessary, or contrary to the public

interest.’’ Public comment is

‘‘unnecessary’’ since the codification

only reflects existing law. Immediate

revision to the CFR benefits the public

by removing outdated citations.
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37495

Administrative Requirements

A. Executive Order (E.O.) 12866 and

13045

The Office of Management and Budget

has exempted this regulatory action

from E.O. 12866 review. In addition,

this regulatory action is not subject to

E.O. 13045, entitled ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks,’’ because it is

not an ‘‘economically significant’’ action

under E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities, 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

The regulations affected by this

format change to 40 CFR part 52 have

all been previously submitted by the

respective State agency and approved by

EPA. Therefore, the Regional

Administrator certifies that there is no

significant impact on any small entities

affected.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves preexisting requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2).

E. Judicial Review

The EPA has determined that the

provisions of section 307(b)(1) of the

Clean Air Act pertaining to petitions for

judicial review are not applicable to this

action. Prior EPA rulemaking actions

approving each individual component

of New Mexico and Albuquerque SIP

compilations had previously afforded

interested parties the opportunity to file

a petition for judicial review in the

United States Court of Appeals for the

appropriate circuit within 60 days of

such rulemaking action. Thus, EPA sees

no need in this action to provide an

additional opportunity for judicial

review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: June 9, 1998.

Jerry Clifford,

Deputy Regional Administrator, Region 6.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority for citation for part

52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart GG—New Mexico

§ 52.1620 [Redesignated as § 52.1640]

2. Section 52.1620 is redesignated as

§ 52.1640 and the section heading and

paragraph (a) are revised to read as

follows:

§ 52.1640 Original Identification of plan

section.

(a) This section identifies the original

‘‘State of New Mexico Implementation

Plan’’ and all revisions submitted by

New Mexico that were federally

approved prior to January 1, 1998.

* * * * *

3. A new § 52.1620 is added to read

as follows:

§ 52.1620 Identification of plan.

(a) Purpose and scope. This section

sets forth the applicable State

Implementation Plan (SIP) for New

Mexico under section 110 of the Clean

Air Act, 42 U.S.C. 7401, and 40 CFR

part 51 to meet national ambient air

quality standards.

(b) Incorporation by reference. (1)

Material listed in paragraphs (c) and (e)

of this section with an EPA approval

date prior to January 1 1998, was

approved for incorporation by reference

by the Director of the Federal Register

in accordance with 5 U.S.C. 552(a) and

1 CFR part 51. Material is incorporated

as it exists on the date of the approval,

and notice of any change in the material

will be published in the Federal

Register. Entries in paragraphs (c) and

(e) of this section with EPA approval

dates after January 1, 1998, will be

incorporated by reference in the next

update to the SIP compilation.

(2) EPA Region 6 certifies that the

rules/regulations provided by EPA in

the SIP compilation at the addresses in

paragraph (b)(3) of this section are an

exact duplicate of the officially

promulgated State rules/regulations

which have been approved as part of the

State Implementation Plan as of January

1, 1998.

(3) Copies of the materials

incorporated by reference may be

inspected at the Region 6 EPA Office at

1445 Ross Avenue, Suite 700, Dallas,

Texas, 75202–2733; the EPA, Air and

Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

SW, Washington, DC 20460; or at the

Office of Federal Register, 800 North

Capitol Street, NW, Suite 700,

Washington, DC.

(c) EPA approved regulations.
37496 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

EPA APPROVED NEW MEXICO REGULATIONS

State citation Title/subject

State approval/effective date

EPA approval date Comments

New Mexico Administrative Code (NMAC) Title 20—Environment Protection Chapter 2—Air Quality

Part 1 ..................... General Provisions ............................. 10/27/95 11/25/97, 62 FR 50514 ...... This date reflects a recodification, not

EPA approval of underlying requirement.

Part 2 ..................... Definitions ........................................... 11/30/95 11/25/97, 62 FR 50514

Part 3 ..................... Ambient Air Quality Standards ........... 11/30/95 11/25/97, 62 FR 50514

Part 5 ..................... Source Surveillance ........................... 11/30/95 11/25/97, 62 FR 50514

Part 7 ..................... Excess emissions during Malfunction,

Startup, Shutdown, or Scheduled

Maintenance.

11/30/95 11/25/97, 62 FR 50514

Part 8 ..................... Emissions Leaving New Mexico ........ 11/30/95 11/25/97, 62 FR 50514

Part 10 ................... Woodwaste Burners ........................... 11/30/95 11/25/97, 62 FR 50514

Part 11 ................... Asphalt Process Equipment ............... 11/30/95 11/25/97, 62 FR 50514

Part 12 ................... Cement Kilns ...................................... 11/30/95 11/25/97, 62 FR 50514

Part 13 ................... Gypsum Processing Plants ................ 11/30/95 11/25/97, 62 FR 50514

Part 14 ................... Particulate Emissions From Coal

Burning Equipment.

11/30/95 11/25/97, 62 FR 50514

Part 15 ................... Pumice, Mica and Perlite Process

Equipment.

11/30/95 11/25/97, 62 FR 50514

Part 16 ................... Nonferrous Smelters (New and Existing)-Particulate Matter.11/30/95 11/25/97, 62 FR 50514

Part 17 ................... Nonferrous Smelters (Existing)-Particulate Matter.11/30/95 11/25/97, 62 FR 50514

Part 18 ................... Oil Burning Equipment-Particulate

Matter.

11/30/95 11/25/97, 62 FR 50514

Part 19 ................... Potash, Salt or Sodium Sulfate Processing Equipment-Particulate Matter.11/30/95 11/25/97, 62 FR 50514

Part 20 ................... Lime Manufacturing Plants-Particulate

Matter.

11/30/95 11/25/97, 62 FR 50514

Part 21 ................... Fugitive Particulate Matter Emissions

from Nonferrous Smelters.

11/30/95 11/25/97, 62 FR 50514

Part 22 ................... Fugitive Particulate Matter Emissions

from Roads within the Town of

Hurley.

11/30/95 11/25/97, 62 FR 50514

Part 30 ................... Kraft Mills ........................................... 11/30/95 11/25/97, 62 FR 50514

Part 31 ................... Coal Burning Equipment-Sulfur Dioxide.11/30/95 11/25/97, 62 FR 50514

Part 32 ................... Coal Burning Equipment-Nitrogen Dioxide.11/30/95 11/25/97, 62 FR 50514

Part 33 ................... Gas Burning Equipment-Nitrogen Dioxide.11/30/95 11/25/97, 62 FR 50514

Part 34 ................... Oil Burning Equipment-Nitrogen Dioxide.11/30/95 11/25/97, 62 FR 50514

Part 40 ................... Sulfuric Acid Production Units-Sulfur

Dioxide, Acid Mist and Visible

Emissions.

11/30/95 11/25/97, 62 FR 50514

Part 41 ................... Nonferrous Smelters-Sulfur ................ 11/30/95 11/25/97, 62 FR 50514

Part 60 ................... Open Burning ..................................... 11/30/95 11/25/97, 62 FR 50514

Part 61 ................... Smoke and Visible Emissions ............ 11/30/95 11/25/97, 62 FR 50514

Part 70 ................... Operating Permits .............................. 11/30/95 11/25/97, 62 FR 50514

Part 71 ................... Operating Permit Emission Fees ....... 11/30/95 11/25/97, 62 FR 50514

Part 72 ................... Construction Permits .......................... 11/30/95 11/25/97, 62 FR 50514 ...... Subparts I, II, III, and V in SIP.

Part 73 ................... Notice of Intent and Emissions Inventory Requirements.11/30/95 11/25/97, 62 FR 50514

Part 74 ................... Prevention of Significant Deterioration 7/20/95 10/15/96, 61 FR 53639

Part 75 ................... Construction Permit Fees ................... 11/30/95 11/25/97, 62 FR 50514

Part 79 ................... Permits-Nonattainment Areas ............ 11/30/95 11/25/97, 62 FR 50514

Part 80 ................... Stack Heights ..................................... 11/30/95 11/25/97, 62 FR 50514

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject

State approval/effective date

EPA approval date Comments

Regulation No. Albuquerque/Bernalillo County, Air Quality Control Regulations

1 .......................... Resolutions ......................................... 01/12/79 04/10/80, 45 FR 24468
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations 37497

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued

State citation Title/subject

State approval/effective date

EPA approval date Comments

2 .......................... Definitions ........................................... 03/16/89 12/21/93, 58 FR 67333

3 .......................... Open Burning ..................................... 01/12/79 04/10/80, 45 FR 24468

4 .......................... Incinerators ......................................... 01/12/79 04/10/80, 45 FR 24468

5 .......................... Visible Air Contaminants .................... 01/12/79 04/10/80, 45 FR 24468

6 .......................... Orchard Heaters ................................. 01/12/79 04/10/80, 45 FR 24468

7 .......................... Motor Vehicle Air Pollution Control

Devices.

01/12/79 04/10/80, 45 FR 24468

8 .......................... Airborne Particulate Matter ................ 03/17/83 02/23/93, 58 FR 10972

9 .......................... Process Equipment ............................ 01/12/79 04/10/80, 45 FR 24468

10 .......................... Kraft Mills ........................................... 01/12/79 04/10/80, 45 FR 24468

11 .......................... Organic Fluids .................................... 01/12/79 04/10/80, 45 FR 24468

12 .......................... Coal Burning Equipment—Nitrogen

Dioxide Emission Limits.

01/12/79 04/10/80, 45 FR 24468

13 .......................... Coal Burning Equipment—Sulfur Dioxide Emission Limits.01/12/79 04/10/80, 45 FR 24468

14 .......................... Coal Burning Equipment—Particulate

Emission Limits.

01/12/79 04/10/80, 45 FR 24468

15 .......................... Oil Burning Equipment—Nitrogen Dioxide Emission Limits.01/12/79 04/10/80, 45 FR 24468

16 .......................... Oil Burning Equipment—Particulate

Emission Limits.

01/12/79 04/10/80, 45 FR 24468

17 .......................... Oil Burning Equipment—Sulfur Dioxide Emission Limits.01/12/79 04/10/80 45 FR 24468

18 .......................... Gas Burning Equipment—Nitrogen

Dioxide Emission Limits.

01/12/79 04/10/80, 45 FR 24468

19 .......................... Breakdown, Abnormal Operating

Conditions, or Scheduled Maintenance.

01/12/79 04/10/80, 45 FR 24468

20 .......................... Permits ............................................... 02/26/93 03/16/94, 59 FR 12172

21 .......................... Permit Fees ........................................ 01/12/79 04/10/80, 45 FR 24468

22 .......................... Registration of Air Contaminant

Sources.

01/12/79 04/10/80, 45 FR 24468

23 .......................... Source Surveillance ........................... 01/12/79 04/10/80, 45 FR 24468.

24 .......................... Variance Procedure ........................... 01/12/79 04/10/80, 45 FR 24468

25 .......................... Administration and Enforcement ........ 01/12/79 04/10/80, 45 FR 24468

26 .......................... Interpretation ...................................... 01/12/79 04/10/80, 45 FR 24468

27 .......................... Emergency Action Plan ...................... 01/12/79 04/10/80, 45 FR 24468

28 .......................... Motor Vehicle Inspection .................... 07/01/95 06/13/96, 61 FR 29970

29 .......................... Prevention Of Significant Deterioration.03/26/93 12/21/93, 58 FR 67333

30—31 ................... NSPS/NESHAPS ............................... .................... ............................................ REGS NOT IN SIP. See Notice of

Delegation published 10/06/95, 60

FR 52329.

32 .......................... Construction Permits—Nonattainment

Areas.

02/26/93 12/21/93, 58 FR 67329

33 .......................... Stack Height Requirements ............... 03/16/89 03/05/91, 56 FR 09175

34 .......................... Woodburning ...................................... 11/27/91 11/23/93, 58 FR 62539

35 .......................... Alternative Fuels ................................ 11/10/93 05/05/94, 59 FR 23168

42 .......................... Transportation Conformity .................. 11/09/94 11/08/95, 60 FR 56244 42.11 not approved by EPA.

43 .......................... General Conformity ............................ 11/09/94 09/13/96, 61 FR 48407

(d) [Reserved]

(e) EPA approved nonregulatory provisions.

EPA APPROVED NEW MEXICO STATUTES IN THE CURRENT NEW MEXICO SIP

State citation Title/subject

State

Approval/

effective

date

EPA approval date Comments

NMSA 1978—New Mexico Statutes in the Current New Mexico SIP

74–2–1 .................. Short Title ........................................... 08/11/83 11/02/84, 49 FR 44101

74–2–2 .................. Definitions ........................................... 08/11/83 11/02/84, 49 FR 44101

74–2–3 .................. State Air Pollution Control Agency ..... 08/11/83 11/02/84, 49 FR 44101

74–2–4 .................. Municipal or County Air Quality Control Board.08/11/83 11/02/84, 49 FR 44101

74–2–5 .................. Duties and Powers of Board .............. 08/11/83 11/02/84, 49 FR 44101
37498 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 /Rules and Regulations

EPA APPROVED NEW MEXICO STATUTES IN THE CURRENT NEW MEXICO SIP—Continued

State citation Title/subject

State

Approval/

effective

date

EPA approval date Comments

74–2–6 .................. Adoption of Regulations Notice and

Hearings.

08/11/83 11/02/84, 49 FR 44101

74–2–7 .................. Permits ............................................... 08/11/83 11/02/84, 49 FR 44101

74–2–8 .................. Variances ........................................... 08/11/83 11/02/84, 49 FR 44101

74–2–9 .................. Variances—Judicial Review ............... 08/11/83 11/02/84, 49 FR 44101

74–2–10 ................ Emergency Procedure ....................... 08/11/83 11/02/84, 49 FR 44101

74–2–11 ................ Confidential Information ..................... 08/11/83 11/02/84, 49 FR 44101

74–2–11.1 ............. Limitations on Regulations ................. 08/11/83 11/02/84, 49 FR 44101

74–2–12 ................ Enforcement ....................................... 08/11/83 11/02/84, 49 FR 44101

74–2–13 ................ Inspection ........................................... 08/11/83 11/02/84, 49 FR 44101

74–2–14 ................ Penalties ............................................. 08/11/83 11/02/84, 49 FR 44101

74–2–15 ................ Additional Means of Enforcement ...... 08/11/83 11/02/84, 49 FR 44101

74–2–15.1 ............. Primary Nonferrous Smelter Orders .. 08/11/83 11/02/84, 49 FR 44101

74–2–16 ................ Declaratory Judgement of Regulation 08/11/83 11/02/84, 49 FR 44101

74–2–17 ................ Continuing Effect of Present Laws,

Rules, and Regulations.

08/11/83 11/02/84, 49 FR 44101

[FR Doc. 98–17975 Filed 7–10–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 409, 410, 411, 413, 424,

483, and 489

[HCFA–1913–N]

RIN 0938–AI47

Medicare Program; Prospective

Payment System and Consolidated

Billing for Skilled Nursing Facilities;

Extension of Comment Period

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Notice of extension of comment

period for interim final rule.

SUMMARY: This document extends the

comment period for an interim final rule

with comment period that was

published in the Federal Register on

May 12, 1998 (63 FR 26252). That

interim final rule implements

provisions in section 4432 of the

Balanced Budget Act of 1997 related to

Medicare payment for skilled nursing

facility services. Those include the

implementation of a Medicare

prospective payment system for skilled

nursing facilities, consolidated billing,

and a number of related changes. The

comment period is extended for 60

days.

DATES: The comment period is extended

to 5 p.m. on September 11, 1998.

ADDRESSES: Mail written comments (one

original and three copies) to the

following address: Health Care

Financing Administration, Department

of Health and Human Services,

Attention: HCFA–1913–IFC, P.O. Box

26688, Baltimore, MD 21207–0488.

If you prefer, you may deliver your

written comments (one original and

three copies) to one of the following

addresses: Room 309–G, Hubert H.

Humphrey Building, 200 Independence

Avenue, SW, ashington, DC 20201, or

Room C5–09–26, Central Building, 7500

Security Boulevard, Baltimore, MD

21244–1850.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

HCFA–1913–IFC. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 309–G of the Department’s

offices at 200 Independence Avenue,

SW, Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (phone: (202) 690–7890).

For comments that relate to

information collection requirements,

mail a copy of comments to: Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Room 10235, New Executive Office

Building, Washington, DC 20503, Attn:

Allison Herron Eydt, HCFA Desk

Officer.

FOR FURTHER INFORMATION CONTACT:

Laurence Wilson, (410) 786–4603 (for

general information). John Davis, (410)

786–0008 (for information related to the

Federal rates). Dana Burley, (410) 786–

4547 (for information related to the

case-mix classification methodology).

Steve Raitzyk, (410) 786–4599 (for

information related to the facilityspecific transition payment rates). Bill

Ullman, (410) 786–5667 (for information

related to consolidated billing and

related provisions).

SUPPLEMENTARY INFORMATION: On May

12, 1998, we issued an interim final rule

with comment period in the Federal

Register (63 FR 26252) that implements

provisions in section 4432 of the

Balanced Budget Act of 1997 related to

Medicare payment for skilled nursing

facility services. Those include the

implementation of a Medicare

prospective payment system for skilled

nursing facilities, consolidated billing,

and a number of related changes. We

indicated that comments would be

considered if we received them by July

13, 1998.

Because of the complexity and scope

of the interim final rule and because

numerous members of the industry and

professional associations have requested

more time to analyze the potential

consequences of the rule, we have

decided to extend the comment period

for an additional 60 days. This

document announces the extension of

the public comment period to

September 11, 1998.

Authority: Secs. 1102 and 1871 of the

Social Security Act.

(42 U.S.C. 1302 and 1395hh).

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; Program No. 93.774, Medicare—

Supplementary Medical Insurance Program)